United States v. Dennis Ronald Ross, United States of America v. Richard Alan Reichard

Appellants challenge their convictions for attempted extortion in violation of the Hobbs Act, 18 U.S.C. § 1951 . The appellants were earlier convicted of attempted bank robbery and conspiracy to commit bank robbery, but these convictions were reversed for having been obtained under the wrong statute. This appeal contends that the second trial and indictment violated the double jeopardy clause of the Fifth Amendment. The appellants also argue that the district court did not have jurisdiction to try the attempted extortion charge. Their last argument is that the second trial violated the Speedy Trial Act.

We affirm the convictions.

I. The Facts

In 1979 Ross and Reichard decided to hold as hostages the child and wife of a bank officer. They intended to call the bank officer from his home and tell him to leave $150,000 in a certain cemetery. Ross had recruited another individual to help in the scheme. This individual informed the FBI of the extortion plan. As a result, Ross and Reichard were arrested on the doorstep of the bank officer’s home. They had not yet contacted the bank officer, but had called his wife earlier to ascertain whether she was home and had left instructions to…